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SpaceX CEO Elon Musk explains why Blue Origin’s Starship lawsuit makes no sense
For the first time since SpaceX competitor Blue Origin took NASA to federal court after losing a Moon lander contract to Starship and a protest over that loss, unsealed documents have finally revealed the argument Jeff Bezos’ space startup is focusing on in court.
After the details broke in new court documents filed on Wednesday, SpaceX CEO Elon Musk weighed in on Twitter to offer his take on why the arguments Blue Origin has hinged its lawsuit on make very little sense.
While one seemingly significant portion of the main complaint claiming to reveal “additional substantial errors” in SpaceX’s Starship HLS proposal was almost fully redacted, most of the opening argument is legible. In short, Blue Origin appears to have abandoned the vast majority of arguments it threw about prior to suing NASA and the US government and is now almost exclusively hinging its case on the claim that SpaceX violated NASA’s procurement process by failing to account for a specific kind of prelaunch review before every HLS-related Starship launch.
For NASA’s HLS competition, SpaceX proposed to create a custom variant of Starship capable of serving as a single-stage-to-orbit crewed Moon lander with the help of the rest of the Starship fleet – including Super Heavy boosters, cargo/tanker Starships, and a depot or storage ship. SpaceX would begin a Moon landing campaign by launching a (likely heavily modified) depot Starship into a stable Earth orbit. Anywhere from 8 to 14 Starship tanker missions – each carrying around 100-150 tons of propellant – would then gradually fill that depot ship over the course of no more than six or so months. Once filled, an HLS lander would launch to orbit, refill its tanks from the depot ship, and make its way to an eccentric lunar orbit to rendezvous with NASA’s Orion spacecraft and three Artemis astronauts.
As Blue Origin has exhaustively reminded anyone within earshot for the last five months, SpaceX’s Starship Moon lander proposal is extremely complex and NASA is taking an undeniable risk (of delays, not for astronauts) by choosing SpaceX. Nevertheless, NASA’s Kathy Lueders and a source evaluation panel made it abundantly clear in public selection statement that SpaceX’s proposal was by far the most competent, offering far a far superior management approach and technical risk no worse than Blue Origin’s far smaller, drastically less capable lander.
The bulk of Blue Origin’s argument appears to be that its National Team Lander proposal was drastically disadvantaged by the fact that SpaceX may or may not have incorrectly planned for just three ‘flight readiness reviews’ (FRRs) for each 16-launch HLS Starship mission. While heavily redacted, Blue Origin wants a judge to believe that contrary to the US Government Accountability Office’s (GAO) fair assessment that such a small issue is incredibly unlikely to have changed the competition’s outcome, it would have “been able to propose a substantially lower price” for its lander. To be clear, a flight readiness review is an admittedly important part of NASA’s safety culture, but it ultimately amounts to paperwork and doublechecks over the course of a day or two of meetings.
All else equal, the need to complete an FRR before a launch is incredibly unlikely to cause more than a few days of delays in a worst-case scenario and would have next to no cost impact. There is no reasonable way to argue that being allowed to complete some launches without an FRR would have singlehandedly allowed Blue Origin to “[engineer] and [propose] an entirely different architecture.” Nevertheless, that’s exactly what the company attempts to argue – that it would have radically and completely changed the design it spent more than half a billion dollars sketching out if it had only been able to skip a few reviews.
Curiously, Blue Origin nevertheless does make a few coherent and seemingly fact-based arguments in the document. Perhaps most notably, it claims that when NASA ultimately concluded that it didn’t have funds for even a single award (a known fact) and asked SpaceX – its first choice – to make slight contract modifications to make the financial side of things work, NASA consciously chose to waive the need for an FRR before every HLS Starship launch. Only via purported cost savings from those waived reviews, Blue Origin claims, was NASA able to afford SpaceX’s proposal – which, it’s worth noting, was more than twice as cheap as the next cheapest option (Blue Origin).
Ultimately, it thus appears that Blue Origin may have a case to make that NASA awarded SpaceX the HLS Option A contract despite a handful of errors that violated contracting rules and the HLS solicitation. Relative to just about any other possible issue, though, it’s hard not to perceive the problems Blue Origin may or may have correctly pointed out as anything more than marginal and extraordinarily unlikely to have changed the outcome in Blue’s favor had they been rectified before the award. Most importantly, even if Blue Origin’s argument is somehow received favorably and a judge orders NASA to overturn its SpaceX HLS award and reconsider all three proposals, it’s virtually inconceivable that even that best-case outcome would result in Blue Origin receiving a contract of any kind.
Elon Musk
Elon Musk drops a surprise update on Boring Company’s next big dig
Musk says Boring Company could shrink the Austin to San Antonio drive to just minutes.
Elon Musk says The Boring Company is working on what he called “a simple, precursor Hyperloop” tunnel connecting Austin and San Antonio, targeting speeds above 200 mph and cutting a drive that can take up to two and a half hours down to a consistent under 30 minutes. Musk posted the idea on X Sunday, in a reply to a repost of an AI generated video imagining a science fiction future with human colonies on other worlds, which he shared with the line “This is the future we shall bring into being.”
This is the future we shall bring into being pic.twitter.com/8aD0w8MDVc
— Elon Musk (@elonmusk) September 20, 2026
The Boring Company’s own account picked up the idea in the same thread, adding a detail about how the trip would actually work: “Because Loop/Hyperloop is express (i.e. no intermediate stops), one could travel from an Austin parking lot to a favorite San Antonio restaurant in about 30 minutes. As long as they both have Loop stations.” That framing ties the proposed intercity link to the same station model the company already runs in Las Vegas, where riders enter the tunnel network through small, garage style stops rather than one central terminal.
This is not the company’s first run at the Austin to San Antonio corridor. Boring Company floated tunnels between the two cities as far back as 2021, and later competed for a separate San Antonio Loop project tied to the airport before that specific bid stalled. Pitches for tunnels in Chicago, Los Angeles, and a New York to Washington corridor have followed a similar pattern of big announcement without a shovel in the ground.
What is different this time is the balance sheet, especially since The Boring Company closed a 3 billion dollar funding round led by investors in the United Arab Emirates earlier this month at a valuation near 23 billion dollars, giving the tunneling company more capital to chase speculative projects than it had during its earlier Texas pitches. The company is also mid-build on two other intercity systems it has actually broken ground on, inc;luding a Nashville tunnel linking downtown to the airport, where a second boring machine finished commissioning in June, and its Las Vegas network, where the station count keeps climbing on paper faster than tunnels get dug.
That gap between announcement and execution is the reason to treat Sunday’s post as an opening bid rather than a project. A tunnel spanning roughly 80 miles between two metro areas, running at speeds Boring Company has not demonstrated over any real distance, would dwarf anything the company has built. For now, the Austin to San Antonio Hyperloop exists as a caption under an AI generated space video.
Elon Musk
Tesla eyes supply partners for Optimus mass production
Tesla certified three Chinese suppliers for Optimus mass production, signaling its robot timeline is accelerating.
Tesla’s robotics team traveled to Ningbo, in China’s Zhejiang province, on September 16 and spent the following day auditing component suppliers for Optimus, according to a Bloomberg report cited by RobotAIGeek. The visit moved three manufacturers from provisional status to certified mass production partners: Tuopu Group, which handles actuators and chassis components, Ningbo Joyson Electronic, a sensor supplier, and Zhejiang Sanhua Intelligent Controls, which builds thermal management systems. All three already supply parts to Tesla’s electric vehicles, and the audit reportedly came with fresh orders that supply chain reports put at an initial batch of roughly 5,000 units.
Tuopu, Joyson, and Sanhua built their manufacturing base serving the automotive industry, where tolerances and volume requirements are already close to what a mass produced humanoid robot demands. Sanhua in particular has history here. Teslarati reported last October that the company had received a roughly $685 million order for linear actuators tied to Optimus, a volume industry watchers estimated could cover around 180,000 robots once production ramped.
Supply chain reports tied to this week’s audit put Tesla’s near term production goal at about 1,000 Optimus units a week by late September, rising to 2,000 to 2,500 units a week by the end of the year. That pace would put real weight behind the timeline Tesla has been building toward since May, when it wound down Model S and Model X production at Fremont to convert that floor space into a dedicated Optimus line targeting one million units annually. JPMorgan analysts who toured the factory in August confirmed the conversion took roughly four months, a pace Musk has called unprecedented for a facility that size.
New drone video shows Tesla’s Optimus Factory reaching a turning point
Fremont is only the first phase. A second, larger Optimus plant is rising at Gigafactory Texas, where drone footage shared by Joe Tegtmeyer last week showed the structural steel nearing completion on the north end of the building. Tesla has said that facility is meant to eventually support production of up to 10 million units a year, though volume output there is not expected before 2027.
Commercial sales of Optimus are still targeted for the second half of 2027, but production is expected to start well before then. JPMorgan analyst Rajat Gupta has said Tesla’s “Optimus Academy” program, which uses early units to collect real world training data inside Tesla’s own facilities, is expected to be running later this year. Bloomberg Intelligence analyst Ian Ma described the Ningbo audits as “a positive commercialization signal for China’s humanoid supply chain,” noting that sentiment could improve further if the visit leads to confirmed supplier nominations and larger orders. The Solactive China Humanoid Robotics Index rose about 1.4% on the news, though it remains down roughly 30% for the year.
Elon Musk
Elon Musk’s next Uranium in Uranus merch is Boring Company’s weirdest tease yet
Elon Musk teased a glowing new Boring Company merch idea, complete with a Geiger counter.
Elon Musk teased the next piece of Boring Company merchandise on X Saturday, and it is exactly as unserious as fans of the company’s product history have come to expect. “The next @boringcompany merch will put Uranium in Uranus,” Musk wrote in a thread posted early Saturday morning. He followed up by explaining that the item would glow in the dark, “because otherwise how could you find it,” and that a Geiger counter would be sold separately as “an optional strap-on.”
Musk closed the thread with a line that doubles as a mission statement for the tunneling company’s merchandise arm: “It’s not easy coming up with something that is both outrageously unsellable and yet extremely popular.”
The Boring Company has built a small but consistent side business out of novelty items that start as jokes and end up selling out. The company’s Not-a-Flamethrower raised roughly $10 million in a few days back in 2018, moving all 20,000 units it produced. Its Burnt Hair perfume, priced around $100 a bottle, sold out fast enough that scalpers were flipping units on eBay for ten times the retail price. Boring Bricks, made from tunneling spoil, followed the same playbook of teasing a product on X months before it became real.
Musk has not said what the actual item will be, only that it involves uranium and glows in the dark. Given the pattern, that vagueness is probably intentional. Past merch announcements have started as one-line jokes and taken weeks or months to turn into an actual product listing on the company’s site, and there is no guarantee this one follows through at all.
The timing lines up with a period of real momentum for the Boring Company outside of the joke merchandise. The company said last week it plans to double the number of operational stations on its Vegas Loop by the end of the year, a target tied to a hiring push for drivers and operations managers. Prufrock-5, one of the company’s tunnel boring machines, also just wrapped a test tunnel in Bastrop, Texas, and is expected to relaunch on its next assignment in November.
Whether the uranium joke turns into an actual product remains to be seen. Musk’s post did not include a price, a shipping date, or even a name for the item, which has historically meant a Boring Company website page goes up quietly, password protected, sometime before an announcement.
Elon Musk drops a surprise update on Boring Company’s next big dig
Tesla eyes supply partners for Optimus mass production
